Amicus Curiae

The following articles were also published in BusinessWorld.

June 17, 2015

A new government agency, headed by a Chairperson of Cabinet rank with security of tenure, may be in the offing. If the Philippine Competition Act is signed into law, an influential and potentially powerful Philippine Competition Commission (PCC) will be created, with the mandate to implement “the national competition policy [to] attain the objectives and purposes of the act.”   Just... Read More

June 09, 2015

The contribution of micro-, small and medium enterprises (MSMEs) to our economy cannot be gainsaid. In the 2014-2015 Global Competitiveness Report of the World Economic Forum, we ranked 52 out of the 144 countries surveyed. Although we are behind our ASEAN neighbors Singapore (2), Malaysia (20), Thailand (31), and Indonesia (34), the study took note that the Philippines’ “gain of 33 places since... Read More

May 27, 2015

Ownership of land in the Philippines is regulated by the 1987 Constitution and the Public Land Act, among others. The Constitution provides that except in cases of hereditary succession, only those individuals, corporations and associations allowed to acquire or hold lands in the public domain can acquire private lands. In this connection, Commonwealth Act No. 141, otherwise known as the Public... Read More

May 19, 2015

The economic integration of the member countries of the Association of Southeast Asian Nations (ASEAN) is set to be established by December this year. This integration is aimed at enabling the free movement of goods and services, as well as investments and labor, in the ASEAN region. As part of its commitment to this integration, the Philippines is obligated to craft a comprehensive antitrust... Read More

Masataka Shitanishi

May 12, 2015

Doing business with people from different cultures is sometimes accompanied by unexpected difficulties. One of the difficulties faced by the two parties in the transaction is the differing customs, beliefs, and behavior between their cultures. Understanding the nuances of the other party’s culture often provides the groundwork for smoother and more efficient business relations. Notably, business... Read More

May 06, 2015

What constitutes “falsity of returns”? In the landmark case of Aznar vs. Court of Tax Appeals, the Supreme Court defined a false return as a deviation from the truth or fact, whether intentional or not. There being substantial under-declaration of income ranging from 170% to 4,370% of the reported income for six years, Aznar was found to have filed false returns. The definition of false returns... Read More

April 28, 2015

The line separating executive and legislative powers has been blurred with the “growing complexity of modern life, the multiplication of the subjects of governmental regulation, and the increased difficulty of administering the laws.” Administrative agencies are now granted the power to formulate rules and regulations, which have the effect of law. What were once in the realm of the legislature... Read More

April 15, 2015

The recent ASEAN Intellectual Property Association annual conference held last month in Bangkok highlighted, among others, the issue of plain packaging in the tobacco and alcohol industries vis-à-vis the seeming contradiction it creates with the existing trademark protection system, focusing on the experience of Australia (being the first country to legally prescribe plain packaging on tobacco... Read More

April 07, 2015

IN 2007, the heads of states of the 10 countries comprising the Association of Southeast Asian Nations (ASEAN) agreed to establish the ASEAN Economic Community by Dec. 31 this year. Essentially, the ASEAN Economic Community is the integration of the 10 economies into a single unit. With its wide-ranging consequences, the ASEAN Economic Community will definitely affect the lives of every... Read More

Graciello Timothy D. Reyes

March 30, 2015

“The heart has reasons of its own which reason does not know.” This famous quote was what the Supreme Court had to say about the love affair between a teacher and her student. While the employment of the teacher was initially terminated on the ground of immorality, the Court invalidated the termination, providing that the teacher-student relationship, which eventually culminated into marriage... Read More